48 N.L.R.B. 1191 (N.L.R.B. 1943)

Penn Paper & Stock Co.

National Labor Relations Board - Board DecisionsApr 13, 1943

48 N.L.R.B. 1191 (N.L.R.B. 1943)

In the Matter of WILLIAM J. MCGARITY. JR., CORNELIUS MCGARITY, AND CECILIA MCGARITY, AND GERARD TRUST COMPANY, TRUSTEES OF THE ESTATE OF WILLIAM J. MCGARITY, DECEASED, OPERATING A BUSINESS KNOWN AS PENN PAPER & STOCK Co.-and WAREHOUSE AND DISTRIBU- TION WORKERS UNION, I. L. W. U., C. I. O. Case No. R-5125.-Decided April 13, 1943 Jurisdiction : waste paper industry Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board ; election necessary Unit Appropriate for Collective Bargaining : all employees, including truck driv- ers, but excluding supervisory and clerical employees and contract truck drivers and helpers Mr.' Louis A. Spiess, of Washington, D. C., for the Company. Mr. James M. Moore, of Washington, D. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by Warehouse and Distribution Workers Union, I. L. W. U., C. I. O., 'herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of William J. McGarity, Jr., Cornelius McGarity, and Cecilia McGarity, and Gerard Trust Com- pany, Trustees of the Estate of William J. McGarity, Deceased, Oper- ating a Business Known as Penn Paper & Stock Co., Washington, D. C., herein called the Company, the National Labor"Relations Board provided for an appropriate hearing upon due notice before Earle K. Shave, Trial Examiner. Said hearing was held at Washington, D. C., on March 23, 1943. The Company and the Union appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the 48 N. L R B, No. 142. 1191 1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD issues. The Trial Examiner's rulings made at the -hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Penn Paper & Stock Co. is engaged in the waste paper business at Washington, D. C. The Company sells products valued in excess of $50,000, annually, all of which is shipped to points outside the District of Columbia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Warehouse and Distribution Workers Union; I. L. W. U., is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 6, 1943, the Union requested the Company to recognize it as the exclusive representative of its employees. The Company refused to recognize the Union until such time as it is certified by the Board. Statements of the Regional Director and the Trial 'Examiner, intro- duced into evidence at the hearing, indicate that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 -(c) and Section 2 (6) and (7) of the Act. ' IV. THE APPROPRIATE UNIT - The Union contends that all employees of the Company, including truck drivers, but excluding supervisory and clerical employees and contract truck drivers and, helpers, constitute an appropriate unit. The Company took no position with respect to the unit. Evidence introduced at the hearing indicates that the employees claimed by the Union are closely related from a functional standpoint. We find-that all employees of the Company, including truck driv- ers, but excluding supervisory and clerical employees and contract 1 The Regional Director and the Trial Examiner reported that the Union presented 54 authorization cards bearing apparently genuine signature of persons whose names appear on March 8, 1943, pay roll of the Company. There are approximately 116 persons is the appropriate unit. PENN PAPER ,& STOCK CO. 1193 truck drivers and helpers, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b), of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposesl of collective bargaining with William J. Mc- Garity, Jr., Cornelius McGarity, and Cecilia McGarity, and Gerard Trust Company, Trustees of the Estate of William J. McGarity, Deceased, Operating a Business Known as Penn Paper & Stock Co., Washington, D. C., an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board and subject,to Article III, Section 10, of said Rules and Regulations, among the employees in the unit, found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been discharged for.cause , to determine whether or not they desire to be represented by Warehouse and Distribution Workers Union, I. L. W. U., affiliated with the Congress of Industrial Organi- zations , for the purposes of collective bargaining.